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Africa Month: Uganda anti-gay law contradicts African Union goals

31 May 2023 | Story Valentino Ndaba | Photo Charl Devenish

UFS Federation of African Law Students Panel Discussion — The passing of the Anti-Homosexuality Bill in Uganda has raised concerns about human rights violations.

Uganda recently passed its Anti-Homosexuality Bill into law, sparking condemnation from the international community. This development coincides with the continent commemorating Africa Month as is customary in May.

The timing of Uganda’s signing of the anti-gay bill into law on the 60th anniversary of the African Union (AU) raises concerns about the contradiction between the AU's objective of promoting unity, nation-building, and freedom from discrimination and the enactment of legislation that violates these principles. It highlights the ongoing struggle to achieve equality and respect for the rights of all individuals, including those in the LGBTQ+ community, across the African continent.

Contravening intercontinental conventions

As a member of the AU, various international human rights treaties and instruments have been signed and approved by Uganda, including the Universal Declaration of Human Rights and the African Charter on Human and People's Rights. These instruments promote equality, non-discrimination, and the protection of human rights for all individuals. The passing of such legislation contradicts the country's commitments to these international agreements.

LGBTQ+ intolerance is widespread in several other African nations. For instance, 32 of the 54 African nations forbid same-sex relationships. In fact, the death sentence is still applied to homosexuality in some nations. This includes Mauritania, Somalia, and a few Nigerian states that adhere to Sharia law. Homosexuality is a crime in Kenya, where the maximum sentence for incarceration is 14 years. It carries a minimum sentence of 13 years and a maximum of life imprisonment in Tanzania as well. Although there are anti-gay attitudes in many African nations, Uganda has gone too far by drafting legislation that is so reprehensible that it grossly violates human rights.

Providing an academic magnifying glass

On 24 May 2023, the University of the Free State (UFS) chapter of the Federation of African Law Students (FALAS), in collaboration with the Gender Equality and Anti-Discrimination Office, hosted a panel discussion on the Bloemfontein Campus, based on the Uganda Anti-Homosexuality Bill.

Leading the panel discussion were UFS experts such as Prof John Mubangizi, who is the former Dean of the Faculty of Law and current Research Professor in the Free State Centre for Human Rights; Prof Mikateko Mathebula, Associate Professor in the Centre for Development Support; Khanya Motshabi, Senior Lecturer in Advanced Human Rights; as well as Akhona Komeni, Peer Mentor Supervisor at Free State Rainbow Seeds.

Factors contributing to anti-gay sentiments

Prof Mubangizi presented a summary of an article he recently submitted for publication in a scientific journal, titled: Uganda’s unrelenting opprobrious legislative efforts to criminalise same-sex relations: implications on human rights.

By way of introduction, Prof Mubangizi highlighted a few possible reasons for anti-gay sentiments in Uganda. “Firstly, many Ugandans are deeply religious and hold traditional beliefs that view homosexuality as immoral, unnatural, and contrary to the will of God – these beliefs are enforced by conservative interpretations of religious texts that condemn homosexuality. The second reason is political opportunism – some politicians in Uganda are using anti-gay sentiments to rally support and divert attention from other issues. Thirdly, there is a general lack of information about what homosexuality is.”

Human rights implications

FALAS Chairperson, Ntsako Khoza, said the organisation believes that the bill is a gross violation of human rights. “The student group opposes this legislation and is adamant that it unfairly discriminates against the LGBTQ+ population and is therefore backwards for society. Promoting good governance, respect for human rights, peace, and justice in Africa is the objective of our organisation,” he said.

It is important to note that the condemnation expressed by FALAS and the international community at large is based on the recognition that laws criminalising same-sex relationships are a violation of human rights and contribute to discrimination and persecution. Upholding human rights, promoting good governance, and fostering respect for all individuals, regardless of sexual orientation, is crucial for building inclusive and just societies.

News Archive

Ghanaian academic speaks about next generation of African scholars

2013-10-08

Attending the seminar were from left: Adv Erika Cilliers, Sisa Mlonyeni (both from the Office of the Public Protector), Prof Adomako Ampofo and Prof Heidi Hudson, Head of the Centre for Africa Studies.
Photo: Jerry Mokoroane
08 October 2013

Prof Akosua Adomako Ampofo, one of the Centre for Africa Studies’newly-appointed advisory board members, addressed students and staff on 3 October 2013. Her topic Are you the scholar Africa needs?enthralled the audience with the passionate way in which she argued for nurturing activist-scholars rather than scholars who simply produce knowledge for the sake of it. “It is more urgent than ever before that … we do not simply see our roles as researchers and teachers, but that we are committed to impacting our communities” for the better – also by “making our knowledge production globally visible,” she argued. Africa is said to contribute less than 0.5 percent of the world’s scientific publications. The fact that most of these – and nearly all of the social science production – emanate from just three nations (Egypt, Nigeria and South Africa) means that many countries are absent from the radar.

According to her, the next generation of African scholars will have to compete within a hostile terrain where private universities are proliferating and costs of higher education are on the rise. These scholars will have to possess 22nd century skills, but a 20th century heart and sensitivity for the continent and its people.

Drawing on Kwame Nkrumah, Prof Ampofo proposed three guiding principles for becoming the scholars Africa needs. Firstly, by having a passion for knowledge as well as an Africa-centred knowledge – “nobody can tell our stories better than we can.”. Secondly, to translate our research into outputs not only in the form of internationally-recognised publications, but also in popular sources that will be read by a much wider public. And lastly, to carrying the torch for teaching and learning in the classroom – preparing our students to serve Africa or, as Nkrumah said, producing “devoted men and women with imagination and ideas, who, by their life and actions, can inspire our people to look forward to a great future.”.

Akosua Adomako Ampofo is a Professor of African and Gender Studies, and Director of the Institute of African Studies at the University of Ghana, Legon. An activist-scholar, her current work addresses African knowledge systems; race, ethnicity and identity politics; gender-based expressions of violence; constructions of masculinities; women and work; and popular culture. She is currently co-editing a volume titled, Transatlantic Feminisms: Women and Gender in Africa and the African Diaspora.In 2010, she was awarded the Sociologists for Women in Society Feminist Activism Award.

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